[Code of Federal Regulations]
[Title 4, Volume 1]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 4CFR28.116]

[Page 57]
 
                            TITLE 4--ACCOUNTS
 
               CHAPTER I--GOVERNMENT ACCOUNTABILITY OFFICE
 
PART 28_GOVERNMENT ACCOUNTABILITY OFFICE PERSONNEL APPEALS BOARD; PROCEDURES 
 
        Subpart E_Special Procedures; Representation Proceedings
 
Sec.  28.116  Conduct of elections.

    (a) The Board shall supervise any election it orders to be 
conducted, but may delegate ministerial functions relating to an 
election to any qualified independent organization; to members of the 
Board's full-time staff; or to temporary employees hired for this 
purpose.
    (b) Appropriate notices setting forth details of the election shall 
be posted by GAO as directed by the Board.
    (c) The Board shall, through its agents chosen to conduct the 
election:
    (1) Provide the opportunity for all qualified voters to indicate 
their choices in secrecy;
    (2) Offer qualified voters the opportunity to vote for any labor 
organization on the ballot, or to reject all labor organizations;
    (3) Permit all parties to observe all aspects of the election 
procedure other than any which would interfere with the secrecy of the 
ballot;
    (4) Provide for all parties to challenge the eligibility of any 
voters, and to impound the ballots of such voters, subject to later 
determination of eligibility should the number of challenges potentially 
affect the results;
    (5) Certify to all parties the results of the election.
    (d) Upon receiving a report of the results of the election, the 
Board shall:
    (1) If necessary rule on the challenges and adjust the results 
accordingly;
    (2) Formally announce the results and, where appropriate, designate 
a labor organization as the exclusive collective bargaining agent, or 
withdraw such a designation;
    (3) Order a runoff or an additional election, if the Board deems it 
appropriate, where the results of the original election are inconclusive 
because no choice on the ballot has secured a majority of the valid 
votes cast. Not more than one additional and one runoff election may be 
held.
    (i) Runoff election. The Board may order a runoff election where one 
or more of the labor organizations on the ballot has received the vote 
of at least 30 percent of the employees eligible to vote, but none has 
gained a majority of the votes cast. The runoff election will be between 
the two choices receiving the largest and the second largest number of 
votes in the original election.
    (ii) Additional election. The Board may order an additional election 
where there is a tie vote between all of the choices on the ballot or 
where a runoff election is not feasible because there is a tie between 
the choices receiving the second most votes in the original election. 
The additional election will include all the choices that appeared on 
the original ballot.

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